{"id":15471,"date":"2026-10-31T00:29:03","date_gmt":"2026-10-31T00:29:03","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/what-to-say-to-an-adult-child-who-is-struggling\/"},"modified":"2026-11-08T21:35:04","modified_gmt":"2026-11-08T21:35:04","slug":"what-to-say-to-an-adult-child-who-is-struggling","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/marchman-act-attorney\/what-to-say-to-an-adult-child-who-is-struggling\/","title":{"rendered":"What to Say to an Adult Child Who Is Struggling"},"content":{"rendered":"\n
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Marchman Act & Guardianship | Miami-Dade and South Florida<\/p>

Struggling Adult Child? Start With the Words You Choose<\/h1>

Calm, practical guidance for families in Miami-Dade and across South Florida. Robinson Casey focuses on Marchman Act petitions and guardianship matters, and Richard J. Casey III, Esq. is responsible for this page.<\/p>

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By Richard J. Casey III, Esq. \u00b7 Published October 30, 2026<\/p>\n\n

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What to say to an adult child who is struggling? Say what you saw, say that you love them, and offer one clear next step. Keep your voice calm and your facts specific. If talking has stopped working, Florida law has court routes that families can use. This page explains the words first, then the legal routes.<\/p>\n

Where you are right now<\/h2>\n

Most parents ask this question after a crisis, not before one. You may be in a hospital waiting room, reading discharge papers, or waiting for a call from a jail. Maybe your child has been missing for days. You have paid for treatment, tried interventions, and set boundaries. Your child keeps getting worse anyway.<\/p>\n

The fears are heavy and specific. You worry about an overdose you cannot stop. You worry about jail, about your child sleeping on the street, and about losing hope that anything will change. Those fears are reasonable. Florida’s health department lists 988 for immediate crisis support when a family is worried about a loved one’s substance use or emotional crisis. (Florida Department of Health mental health resources<\/a>)<\/p>\n

Asking what to say is a fair question. Start with the conversation. If words are not enough, the legal routes come next.<\/p>\n\n

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If the conversations have stalled and the danger is growing, you do not have to face it alone. Our team can help you see which legal route fits your family's facts. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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Before the conversation: choose the moment and the facts<\/h2>\n

Pick a time when your child is sober and calm. A talk during intoxication, withdrawal, or right after a fight rarely lands. Choose a quiet morning or a neutral place instead.<\/p>\n

Bring two or three specific facts. Use dates, what happened, and who was there. “You always lie to me” invites a fight. “On Tuesday I found you on the bathroom floor and couldn’t wake you for several minutes” gives your child something real to answer.<\/p>\n

Decide your goal before you start. It might be one small step, such as agreeing to a professional assessment. Decide too what you will not debate that day. The Partnership to End Addiction parenting guidance<\/a> advises parents to stay calm, listen rather than lecture, focus on health and safety, and choose a good time to talk.<\/p>\n

Phrases that keep the door open<\/h2>\n

Short, calm phrases work better than long speeches. Use “I” statements tied to what you saw. Try: “I was scared when I found you unresponsive, and I can’t pretend I didn’t see it.”<\/p>\n

Name your care without lecturing. Try: “I’m not giving up on you, and I want you alive and getting real help.”<\/p>\n

Ask one open question, then listen. Try: “What would make treatment feel possible for you right now?” Let the silence sit. Your child may need time to think.<\/p>\n

If the answer is no, accept it calmly. End with a clear next step, such as “Let’s talk again Sunday.” Then stop. An argument at the end often undoes the progress you made.<\/p>\n

What to avoid saying, even when you are exhausted<\/h2>\n

Avoid ultimatums you won’t enforce. An empty threat weakens every later talk, and your child learns it can be ignored.<\/p>\n

Avoid shame, name-calling, and comparisons to siblings or friends. These usually end the conversation before anything is heard.<\/p>\n

Avoid debating whether the addiction is real while your child is in crisis. Avoid cash offers tied to sobriety, which can turn love into a bargain.<\/p>\n

Avoid promising what you cannot control. Don’t say treatment will certainly work or that the problem will be over soon. Helping and enabling are also not the same. The Partnership to End Addiction enabling guidance<\/a> explains how to tell support from enabling, and when to let your child feel the results of their own use.<\/p>\n

What to say after an overdose, relapse, arrest, or disappearance<\/h2>\n

After an overdose or hospital stay, focus on safety and presence. Try: “I’m here, and I want you to be safe tonight.”<\/p>\n

After a relapse, separate the person from the relapse. Try: “This is hard, and it doesn’t change how much I want you well.”<\/p>\n

After an arrest, ask what support your child has and what they need from you. Don’t promise to fix the charge or shield them from every consequence.<\/p>\n

After a disappearance, say you are worried. Then say what you will do next, such as calling hospitals or reaching out to people who can act. Keep the message short, so your child can take it in even on a bad day.<\/p>\n

Common questions from parents: is lack of motivation addiction?<\/h2>\n

Low motivation alone does not show that a young adult has a substance use disorder. Florida’s standards look at self-control, impaired judgment, and danger. A professional assessment is how those questions get answered.<\/p>

Does no motivation mean my child has an addiction?<\/summary>

Not by itself. The statute asks whether there is good faith reason to believe a person is substance abuse impaired, and whether that impairment has taken away the power of self-control. It also says that refusing services is not, by itself, proof of lack of judgment.<\/p><\/details>

Can I make my adult child go to treatment?<\/summary>

The decision belongs to a judge, not to the parent. A court may order involuntary treatment services only when the conditions are proved by clear and convincing evidence. Those orders run for no more than 90 days at a time.<\/p><\/details>

Who can file a petition for an adult child?<\/summary>

For an adult, the law allows a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment to file.<\/p><\/details>\n

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Not sure what your next step is?<\/h3>

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

When talking is not enough: Florida legal routes<\/h2>\n

The Marchman Act is Florida’s main court process for substance use. Families often call this involuntary commitment for addiction. The Florida Department of Children and Families<\/a> publishes general information about the Marchman Act.<\/p>\n

The petition goes to the clerk of court in the county where the person is located. The clerk may not charge a filing fee for it. The respondent has the right to counsel at every stage.<\/p>\n

In an emergency, a judge may enter an ex parte order for assessment and stabilization without first appointing an attorney. A service provider may not hold the person for more than 72 hours of observation, except in limited cases.<\/p>\n

At the hearing, the court reviews all relevant evidence. That can include testimony from family members who know the person’s history.<\/p>\n

If a loved one cannot manage personal decisions, guardianship is another route. A court may appoint an emergency temporary guardian when there is imminent danger to health or safety. That authority ends after 90 days or when a guardian is appointed, whichever comes first.<\/p>\n

One appellate rule matters here. Families should not assume how a judge will handle witness questioning if the petitioner does not appear at the hearing, because that can depend on the specific facts and the case law that applies. The court’s opinion ends with the language: “we certify conflict with R.S., J.W., and C.W.R.K., for the reasons stated above. Affirmed; conflict certified.” (J.J.J. v. D.G., No. 4D2023-2185<\/a> (Fla. 4th DCA July 24, 2024)) (J.C. v. State<\/a>)<\/p>\n

Which route fits depends on the facts of your child’s situation.<\/p>\n\n

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Talk with Robinson Casey about your child’s situation<\/h2>\n

Robinson Casey focuses on Marchman Act petitions and guardianship matters for families in South Florida and statewide. If talks have stalled and the danger is growing, a confidential conversation can help you see which legal route fits your facts. Robinson Casey offers a free, confidential first consultation with no obligation to continue.<\/p>\n

Robinson Casey may refer a matter to another lawyer or firm when that is appropriate.<\/p>\n

You don’t have to carry this alone. Request a consultation<\/a> or call (561) 849-4700 when you’re ready to talk through your child’s situation.<\/p>\n\n<\/article>\n